The battle for the Tooro throne has taken a major legal turn, with the Attorney General saying the late King Oyo’s will should be followed in determining his successor.
In an opinion to President Yoweri Museveni dated September 12, Attorney General Dr Sam Mayanja says the late King’s wishes, backed by Ugandan law and Tooro customs, point first to a biological son who is legally recognised and able to take up the throne.
The opinion was requested by President Museveni following the controversy that erupted over who should succeed King Oyo Nyimba Kabamba Iguru Rukidi IV.
At the centre of the dispute is King Oyo’s will, signed on September 14, 2022.
In the will, Oyo provided a clear order of succession.
He stated that if he died while survived by a son who was lawfully recognised as his biological son, that son would become his heir to the Kingdom of Tooro.
But Oyo also anticipated a situation where he would have no son capable of taking over.
In that case, he named his cousin, Prince Komwiswa Yoweri, son of Omusuuga Charles, as his heir and successor to the Tooro throne.
This means, according to the Attorney General’s interpretation, that the question of the late King’s biological son and whether he is legally recognised and capable of succeeding him could become critical to the succession battle.
Dr Mayanja says Ugandan law recognises birth and descent as the principal basis for allegiance to a traditional or cultural leader.
He cites Article 246 of the Constitution and the Institution of Traditional or Cultural Leaders Act, which require allegiance to be derived from birth or descent in accordance with the customs and traditions of the people.
The Attorney General also says the old Tooro Kingdom Constitution cannot currently settle the succession dispute because it remains suspended.
King Oyo suspended its observance in 2013 after raising concerns that some of its provisions conflicted with Ugandan law.
A court later upheld the suspension in the case of George Kusemererwa versus King Oyo.
Although Oyo subsequently created a committee to review the constitution, the process had not been completed by the time of his death.
For now, therefore, the Attorney General says the suspended Tooro Constitution cannot be used as the basis for choosing the next king.
Instead, attention has shifted to Oyo’s will and the customs and laws governing traditional leadership.
But there is another legal hurdle.
Dr Mayanja says there is already a dispute over the contents and validity of the will, and that the disagreement has not been resolved by the council of elders to the satisfaction of the community and all interested parties.
His position is that the will should be respected unless it is successfully challenged in court.
The Attorney General says the courts are the proper avenue for settling any dispute over the validity of the document.
Under the law, disputes within a traditional or cultural institution should first be handled by the council of elders, clan leaders or their representatives. If they fail to resolve the matter, it can proceed to court.
The legal opinion also puts a brake on one of the most significant rituals associated with the installation of a Tooro king.
Traditionally, nine coffee beans are thrown into the grave of the deceased king by his successor during burial as confirmation of succession.
But Dr Mayanja says that ritual should not take place yet.
Because the identity of King Oyo’s successor remains disputed, he has advised that the coffee-bean ceremony be suspended until the succession question is settled.
The Attorney General says Tooro has precedent for delaying the ritual.
During the burial of the late Kaboyo, the coffee beans were reportedly thrown three months after his death and burial, after his successor had been identified.
The burial of King Oyo, however, does not have to wait.
Dr Mayanja says there is no legal obstacle to proceeding with the burial even as the succession dispute is being resolved.
For now, the legal position leaves the Tooro succession question hanging on two major issues: whether King Oyo’s biological son is lawfully recognised and able to succeed him, and whether the will survives any challenge in court.
If the son qualifies under the will, he takes priority.
If there is no son able to succeed, Oyo’s own will names Prince Komwiswa Yoweri as the next option.
What was supposed to be King Oyo’s final farewell turned into a dramatic showdown at the royal tombs on Saturday, delaying the burial for hours and forcing President Yoweri Museveni to intervene before the late monarch could finally be laid to rest.
The former boy King was eventually buried at the Karambi Royal Tombs in Fort Portal at about 5pm, several hours later than the expected burial time.
The delay came after a standoff reportedly developed over the final interment rituals, with the grieving Queen Mother, Best Kemigisa, and members of the Babiito royal clan on opposite sides of the disagreement.
The tension was the latest manifestation of the succession crisis that has rocked Tooro since Oyo’s death.
But before the drama at the tombs, the day had begun with an emotional farewell at St John’s Cathedral.
There, Oyo’s sister, Princess Ruth Komuntale, gave mourners a deeply personal account of the King behind the crown.
She remembered him as her “baby brother” and King , a quiet, God-fearing man who could suddenly become the funniest person in the room.
She spoke about their childhood, their games, family jokes and the playful side of a monarch many people only knew from his public duties.
Then came the revelation that gave a new dimension to Oyo’s death. Komuntale disclosed that her brother had spent more than a year seeking medical attention in Uganda for different pains but was not correctly diagnosed.
She said doctors attributed some of his pain to strenuous exercise or ulcers and recommended physiotherapy. It was only after more advanced medical examinations that he was diagnosed with angiosarcoma, an aggressive and rare cancer.
By then, according to Komuntale, the cancer had already spread to several organs. The family kept the diagnosis largely private because Oyo himself did not want the news to cause panic.
And for a while, there was hope. Komuntale said treatment initially appeared to work. The cancer cells reduced dramatically and Oyo regained energy.
But by July, his condition took a turn for the worse. Even then, she said, he continued praying and studying the Bible.
The Queen Mother’s tribute was equally emotional. Best Kemigisa spoke as a mother who had already watched her husband die and had spent years raising the son who became King at only three.
She said the pain of watching Oyo become sick was unbearable and revealed that she had prayed for God to take her instead of her son.
But with Tooro already divided over succession, her message went beyond personal grief. She urged the Batooro to remain united and not allow disagreements to destroy the kingdom.
Then came President Museveni’s message. The President did not attend the service personally; his message was delivered by Deputy Speaker Thomas Tayebwa.
Tayebwa told the mourners that Museveni wanted the succession question resolved peacefully and through the law.
He said government would work with the new King just as it had worked with Oyo, once the succession issue was settled.
But the real drama was still waiting at the royal tombs. After the funeral service, the body was taken to Karambi for the final burial.
That is where the disagreements reportedly boiled over. A dispute emerged over who would participate in the traditional interment rites.
The Queen Mother reportedly wanted to participate in burying her son, while the Babiito side maintained that particular rituals belonged to designated traditional authorities.
The disagreement held up the burial. The clock kept ticking. The burial, which had been expected much earlier, had still not taken place.
Eventually, the matter required intervention from Museveni through Tayebwa and Gen Henry Tumukunde. Only after the intervention was the impasse resolved and the burial allowed to continue. By about 5pm, Oyo was finally lowered into his grave.
A seven-gun salute marked the end of the burial of a King whose reign had begun when he was only three years old. But the images and events surrounding the burial showed just how complicated the future of Tooro had become.
And on the very day Tooro was supposed to say goodbye to Oyo, the succession dispute followed him all the way to the grave.
